(August 10, 2001) 2001 (TLS)125260

2001-DLT-93-777 :: 2001-AD (Del)-5-685

KRISHNA PARKASH Vs. Dilip Harel Mitra Chenoy

B. N. CHATURVEDI

( 1 ) THIS is an appeal arising out of a Judgment and decree dated 5/1/1996, passed by the Court of an additional District Judge, Delhi in a suit for ejectment and mesne profits.

( 2 ) FACTS emanating from the pleadings are that late dr. Suraj Prakash was a tenant in respect of entire ground floor, in addition to one garage and two servant quarters, of 20, Sunder Nagar, New Delhi at a monthly rent of Rs. 1,000. 00 exclusive of water and electricity charges. The said premises were leased out to him by Smt. Shanta Simha Chenoy, the owner of the premises, on 2/11/1963. By a notice dated 10/10/1969, the tenancy of late Dr. Suraj Prakash was terminated w,e. f. 30/10/1969. Late Dr. Suraj prakash responded to the notice with his reply dated 27. 10. 1969 thereto and did not vacate the premises.

( 3 ) ON 30/4/1971, an eviction petition under Section 14 (1) (B) and (J) of the Delhi Rent Control act, 1958 (for short rent Act ), was filed by smt. Shanta Simha Chenoy against late Dr. Suraj Prakash. During the pendency of the eviction petition, Dr.